The patent system will protect inventions which are new and useful, and unobvious to a person skilled in that particular field. The word invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement therein.
Guidelines regarding the patentability of computer programs have been established by the Canadian Intellectual Property Office to reflect recent Court decisions and those of the Commissioner of Patents.
First, unapplied mathematical formulae are considered equivalent to mere scientific principles or abstract theorems which are not patentable under the Act.
Second, the presence of a programmed general purpose computer or a program for such computer does not lend patentability to, nor subtract patentability from, an apparatus, or process.
Third, therefore new and useful processes incorporating a computer program, and apparatus incorporating a programmed computer, are directed to patentable subject matter if the computer-related matter has been integrated with another practical system that falls within an area which is traditionally patentable. This principle is illustrative of what types of computer-related applications may be patentable, and is not intended to exclude other computer-related applications from patentability.
Computer code is protected under the Copyright Act which protects original artistic, dramatic, musical or literary works. Computer programs are included in the definition of literary works.
An Intellectual Property Professional can advise you with respect to this area of the law.
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The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
11/2005
